Tennessee Bureau of Investigation
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TENNESSEE BUREAU OF INVESTIGATION GUIDELINES FOR FEDERAL FIREARMS LICENSEES Table of Contents PAGE INTRODUCTION 1 SUMMARY 2 ACCOUNT INFORMATION FORM 3, 4 ADDICTION TO ALCOHOL 5 ADDRESSES & PHONE NUMBERS 6 ALIENS & FOREIGN VISITORS – ATTEMPTED PURCHASES 7 ANTIQUE, BLACK POWDER & MUZZLE LOADER FIREARMS 8 APPEAL OF DENIAL OF ATTEMPTED FIREARM TRANSFER 8,9,10 AUCTIONS (3 TYPES) 11, 12 BACKGROUND CHECK (TICS/NICS) REQUIREMENTS 12, 13, 14, 15 BILLING / ACCOUNT PAYMENT 16 CANCELLATION OF PURCHASE (BY PURCHASER) 16 “CARRY” PERMIT – HANDGUN 17 CLOSURE OF BUSINESS NOTIFICATIONS 17 CONDITIONAL PROCEED STATUS 17, 18 EXCHANGES (OF FIREARMS) 18 FEES (FOR TICS/NICS CHECKS) 18 FIREARM REPAIR & GUNSMITHING 18 GUN SHOWS 19, 20 HOLIDAYS 20 IDENTIFICATION (OF PURCHASER) – ACCEPTABLE DOCUMENTS 20, 21 INCLEMENT WEATHER POLICY 22 JUVENILES & FIREARMS PURCHASES 22 LAW ENFORCEMENT OFFICERS & FIREARM SALES 22 LAY-AWAY AND OUT-OF-STOCK ORDERS 22 LICENSING ISSUES – FFLS 23 MAINTAINING AN ACCOUNT WITH TICS 24 MISDEMEANOR CRIMES OF DOMESTIC VIOLENCE 24, 25 MULTIPLE SALES OF HANDGUNS/REVOLVERS FORM 25 MULTIPLE TRANSACTIONS 26 MULTIPLE FIREARMS PER TRANSACTION 26 OUT-OF-STATE RESIDENTS – PURCHASE RESTRICTIONS 27 PAWN TRANSACTIONS (DIRECT SALES & REDEMPTIONS) 27 PROHIBITED ACTIVITIES AND PENALTIES – MISUSE OF TICS/NICS 27 RAFFLES – FIREARM PURCHASE FOR 28 RESIDENCY REQUIREMENTS (INCLUDING MILITARY PERSONNEL) 28 RESTORATION OF RIGHTS FOLLOWING CONVICTION 29 STALKING (PROHIBITOR OFFENSE) 29 STOLEN FIREARMS 29 STRAW PURCHASE VIOLATIONS 30 SUPPLIES 31 TENNESSEE FIREARMS FREEDOM ACT (Public Chapter 435) 31 TENNESSEE’S FIREARMS TRANSFER LAW 32, 33, 34 TRANSACTION VALIDITY 35 UNDELIVERED FIREARMS 35 WANTED PERSONS 35 INTRODUCTION This publication is intended to provide Tennessee Federal Firearms Licensees (FFLs) with guidance on the Tennessee Bureau of Investigation’s implementation of the Tennessee Instant Check System (“TICS”). It is the intention of the TBI to administer a program that will implement Federal and State laws designed to keep firearms out of the hands of individuals legally precluded from possessing them. TBI also intends to administer the background check process in such a way as to provide a quicker, less burdensome, and more comprehensive check. Federal law (more specifically, the “Permanent Provision” of the Brady Handgun Violence Prevention Act) requires that a background check be conducted before any firearms (long guns as well as handguns) can lawfully be transferred to a non-FFL on or after November 30, 1998. The purpose of the check is to determine if transfer of the firearm would violate 18 United States code §922 (g) or (n) or State law. This “instant check” was facilitated by the creation of the National Instant Criminal Background Check System (NICS) administered by the Federal Bureau of Investigation at its Criminal Justice Complex in Clarksburg, West Virginia. The Tennessee General Assembly amended Tennessee Code Annotated, Title 39, Chapter 17, Section 1316, to make the TBI the point of contact (POC) for Tennessee firearms instant checks. A copy of the State law, as amended, can be found herein. The law created a new unit within TBI, called the TBI Instant Check System (TICS), and placed it under the Information Systems Division of the TBI. TICS is the focal point of all approvals and denials of requests for transfer of firearms in the State of Tennessee. The purpose of the TICS is to immediately allow or deny a firearm transfer based on information obtained from nationwide and instate data sources as permissible and required under Federal and State law. However, immediately does not mean instantaneously, as computerized background checks rely on many different pieces of hardware, software programs/applications and phone lines which must all be working together in order to provide speedy processing of background checks. Additionally, approximately six (6) percent of all background checks result in some kind of record being located and requires a review which can take a considerable amount of time if the record is lengthy or missing information necessary to the decision making process or it is confusing. The Tennessee Instant Check Law became effective November 1, 1998. After that date all transfers of firearms as defined in the State and Federal laws require approval from the TBI TICS Unit. Amendments passed since that date are included in the law included in this guide pamphlet. The TICS Unit works closely with all Tennessee FFLs to manage this program in a manner which will minimize any impact on their businesses and provide the most thorough background search possible to ensure that persons not permitted to receive firearms under State and Federal law are identified and denied legal access to firearms. Most questions concerning the law can be answered by reading these guidelines and the attached legislation. Questions not answered in these guidelines should be addressed to the Tennessee Bureau of Investigation, ATTN: TICS Unit, at the address provided herein, or you may call the TICS Unit during the hours of 8:00 a.m. to 10:00 p.m. CST at (615) 744-4620 and asking for the Unit Manager or one of the on-duty CHE 3 (Criminal History Examiner 3). 1 SUMMARY The most significant changes to the law affecting sales and transfers of firearms may be summarized as follows: The fifteen-day waiting period between purchase and delivery of a handgun was eliminated effective November 1, 1998. Approved transactions allow immediate transfer of the firearm. With the exceptions of “transactions between persons licensed as dealers under18 U.S.C. 923,” “transactions or transfers between a licensed importer, licensed manufacturer, or licensed dealer and a bona fide law enforcement agency or agency’s personnel,” and an “occasional sale of a used or second hand firearm,” all transfers of firearms as defined in 18 United States Code § 921, both long guns and handguns, require a background check in the NICS databases. Tennessee law requires a check of state files maintained by TBI. Both checks are performed by the TICS Unit acting as the POC for the federal firearm licensees (gun dealers), hereinafter known as FFLs. Pawnshop transfers, both sales and redemptions, are included in the requirement for a background check in both the State and Federal legislation. After November 1, 1998, local Chief Law Enforcement Officers (sheriffs and/or chiefs of police) cannot be contacted for approval of sales or transfers. FFLs must receive specific approval, including a unique TICS transaction number, prior to delivery of a firearm. That transaction number must be recorded on the ATF Form 4473. FFLs may contact the TICS Unit for background checks by calling toll-free 7 days a week, from 8:00 a.m. to 10:00 p.m. CST at 1-877-GUN-CHEK (1-877-486-2435). The only exceptions will be Christmas Day, Thanksgiving Day, and Independence Day (July 4th), when the TICS Unit will be closed and no transactions can be conducted. FFLs may also utilize a personal computer and their Internet/WorldWideWeb connection to log on to TICS and run the background checks from their business locations. The website is: https://tbibackgrounds.tbi.tn.gov/Tics/ Notice of DENIAL of a requested transfer will be given to the FFL without a specific reason for the denial being provided to the FFL in compliance with federal law. The denied recipient may challenge the denial by submitting an APPEAL OF DENIAL OF ATTEMPTED FIREARM TRANSFER form (found herein) and supplying all information requested on the form, including the transaction number (obtainable from the FFL). All information must be legible and submitted within 30 days of the DENIED status being reported to the purchaser. If the denied purchaser fails to submit the form within the 30 days, the appeal rights are no longer valid. 2 ACCOUNT INFORMATION FORM The ACCOUNT INFORMATION FORM is used to inform TICS of the necessary information for the establishment and maintenance of an account with TICS. This form is to be completed by the FFL or his/her designee and sent to TICS with a legible copy of the federal firearm license in order to register with TICS and establish an account to do the required background checks through TICS and NICS. It is the sole responsibility of the FFL to keep TICS apprised of any changes in ownership, business premises location, telephone/fax numbers, e-mail addresses, business hours, mailing and/or billing addresses, official name of the business (as found on the license) and to provide TICS with copies of renewed licenses or Letters of Authorization (LOA’s) for the continuation of business. This information is not routinely furnished to TICS by any other party, nor is it the responsibility of any other agency to keep TICS informed of such changes. Failure to keep TICS informed MAY result in the FFL’s account being closed and access to the TICS/NICS being denied. Tennessee Bureau of Investigation. 3 Account Information Form Tennessee Bureau of Investigation Instant Check System Account Information Form Federal Firearms License Number:___________________________________________ (A segment of this number changes every three years. If your license expires, an entirely new number may be assigned by the ATF.) Password:___________________________________________________ (Minimum of 6 and maximum of 8 alpha and/or numeric characters - No profanity) Name of Owner/Operator:___________________________________________________ Business Name on License:__________________________________________________ Business Address:_________________________________________________________